The Burlington Hill Truth 2013








CITY OF BURLINGTON INFO

HISTORY OF TINAS COMA ROAD PROBLEM

Date Event     
6-11-96> Geotechnical report by Agra-Earth and Environmental. This report was authorized by Dan Madlung to be used for logging and road building operations on Burlington Hill when property was still in Skagit County.

12-17-96> Letter from Leonard, Boudinot & Skodje to city regarding potential drainage impacts prior to the   start of the logging operations on Burlington Hill, while property was still in Skagit County.

8-20-98> Letter by Margaret Fleek to Skagit Selective (logging contractor) regarding truck routes and other   logging operations.

12-10-98 > Burlington Hill property annexed into the city.

3-11 -99 > Preliminary plat approved by city council.

8-17-99 > Pre-construction meeting held prior to start of plat construction.

7-13-00 > Final inspection of plat is conducted with city staff and developer.

8-10-00 > Staff signs final plat of Tinas Coma for recording. One year performance warrantee starts.

8-10-01 > End of one year performance warrantee by Trico Contracting.

11-01 > City first noticed problem and showed it to Dan Madlung on same day. Later called Bob Boudinot to look at problem.

12-01>City Street Department crack sealed problem areas on north side of hill.

12-01>Leonard, Boudinot & Skodje start installing survey marks in road failure areas to check for movement.

4-02> Rod Garrett called Bob Boudinot to let him know that road failure problems were also found on            Hillcrest Drive on the east side of the hill.

5-30-02 > City wrote letter to Bob Boudinot (project engineer) indicating it is time to move ahead to analyze problem.

8-7-02 > Margaret Fleek wrote letter to Dan Madlung to let him know of street problem.

8-13-02 > A meeting was held with city staff, mayor, and developers. Developers agreed to help finance studies and a future fix. Margaret Fleek summarized meeting in a letter dated 8-13-02.

8-8-02 > City signed agreement with ZZA to provide engineering services to analyze problem.

10-02 > City Street Department crack sealed problem areas on north side of hill, for the second time.

9-6-02 & > Two meetings were held at Leonard, Boudinot & Skodje office with ZZA to talk about history of how project came together. 8/27/2002

10-2-02 > City received ZZA report, and sent copies to Dan Madlung, Bob Boudinot and various city staff. [REPORT OF CRACKS CONTINUING TO OPEN ON ROAD SURFACE, DISPLACEMENT OF SIDEWALKS; IF MOVEMENT CONTINUES IT WOULD BE NECESSARY TO PERFORM SUBSURFACE INVESTIGATION; INITIAL REPAIR OPTIONS ARE 1) MOVING ROAD AWAY FROM THE AFFECTED AREA, I.E. CUTTING INTO THE UPSLOPE HILLSIDE, 2) FLATTENING THE SLOPE, I.E. EXTENDING TOE OF FILL OUT . . . OR 3) REBUILDING THE AFFECTED PORTIONS OF THE ROADWAY. . . . GIVEN THE RESULTS OF OUR SIMPLIFIED STABILITY MODELING FOR THIS REPORT, IT APPEARS THAT LOCALIZED REPAIRS IN THE IMMEDIATE AREA OF THE ROADWAY MAY NOT BE PRACTICAL WITH RESPECT TO INCREASING THE OVERALL STABILITY OF THE SLOPE"]

10-31-02 > Rod Garrett met with Bob Boudinot. Bob said the ZZA Report looked ok. He would find out what the next step the developers would want to take.

11-15-02 > Jerry Windsor and Rod Garrett visited Hillcrest Drive and found problem on northwest side of hill to be worse. Cracks were longer and wider than seal coat had previoulsy covered.

11-21-02 > Rod Garrett sent letter to Bob Boudinot and Dan Madlung indicating problem was getting worse.

12-11 -02 > Mayor said today the developers should fix problem.

5-14-03 > Hill slide worse. It has moved 3/4" since February 2003.

3-19-04 > Hill slide on both sides is worse. Some cracks are 2" wide.

5-6-04 > Rod Garrett talked to Bob Boudinot about problem. Bob indicated it was time to start working on a fix. He thinks he may be held for some responsibility.

5/13/2004 LETTER FROM PWD GARRETT TO SCOTT THOMAS WITH COPY TO JOHN AARSTAD WITH CHRONOLOGY OF PROBLEM ; "ROADWAYS CONTINUE TO SLIP OFF THE SIDE OF THE HILL AND THE PROBLEM SEEMS TO BE GETTING WORSE. I WOULD EXPECT AT LEAST ONE PORTION OF THE ROAD TO BE CLOSED POSSIBLY BY NEXT YEAR AT THIS TIME. . . . WE HAVE BEEN IN A WAIT AND SEE MODE FOR THE LAST COUPLE OF YEARS TO SEE HOW MUCH WORSE IT WOULD GET . . . COST TO FIX COULD RUN AS HIGH AS $500,000.

6-1-04 > Received letter from Leonard, Boudinot, & Skodje on problem. See June1, 2004 letter. [CONTINUED MOVEMENT OF HILL "MAY CAUSE TOTAL FAILURE OF THE ROAD AT SOME TIME IN THE FUTURE . . . COULD CAUSE CATASTROPHIC FAILURE OF THE ROAD . . . THREATEN THE HEALTH AND SAFETY OF THE PUBLIC"]

6-11 -04 > Called PUD (Dave Lang) today to warn them of problem with their watermain failing.

7-15-04 > Met with Dan Madlung, Bob Boudinot, Chad Fisher, Jon Aarstad, Rod Garrett, Scott Thomas to talk about slide problem. Everyone agreed that a plan was needed to fix problem on both sides of hill. The City will not pay for any work. Dan will take the lead to look for a consultant.

1 -13-05 > Received copy of report from Shannon and Wilson outlining options for fixing problem. Report was paid for by developers.

3-10-05 > Met with city council. They would like to see problem fixed as soon as possible, before any new developments are approved on the hill.

4-28-05 > Met with city council on problem. They would like streets repaired before any approvals.

5-12-05 > City council approves contract rezone for condos but no building permits.

5-16-05 > Opinion letter from Scott Thomas.

6/29/2005City enters into agreement with Zipper/Zeman to study hill slide problem. Contract was for $20,000 to $25,000.

10/7/2005PROPERTY INVESTORS CONVEYS LOTS 83 AND 84 TO GIVEN & HOWELL; SELLING PRICE IS $170,000

3/22/2006 Zipper/Zeman report was received by city. [COSTS BETWEEN $4.4 AND 6.4
MILLION]

7/7/2006 Met w/Chad & discussed ZZA cost estimate/final report. Discussed alternate repairs
& possible design . . .

7/26/2006Met w/ Dan, Bob, John, Chad, Marc McGinnis w/Geotech Consulting. Developer proposes to complete the repair by moving road into the hillside w/blasting.

Developer states that they can design and fix problem much cheaper than ZZA report and would use Bob & Geotech Consultant to do design. 

Developer urged the city to not put a on building moratorium for the hill due to public out cry, lawsuits, news, etc

Developer continues to want to complete the work and due to the high cost would like to partner with the city to save overall cost. 

Developer was willing to meet w/ council to present their repair proposal. Developer said they would keep trucks off of north side. Bob said he would contact PUD about repair.

7/27/2006 Met with PUD.

10/26/2006MEETING OF CITY COUNCIL: MOTION TO APPROVE AGREEMENT WITH PROPERTY INVESTORS LLC FOR CITY TO SHARE COSTS OF REPAIR - 51% PROPERTY INVESTORS AND 49% CITY

7/27/2007LETTER FROM GEOTECH CONSULTANTS TO PROPERTY INVESTORS (GARY BECKAM) INDICATING THAT BEST APPROACH FOR THE ROAD REPAIR IS TO MOVE THE ROAD TO THE LEFT "ABOUT TWO LANES (A MINIMUM OF 30 FEET)

8/01/2007 WORK BEGINS ON ROAD WITH SIGNS INDICATING WILL BE COMPLETED IN OCTOBER

2/8/2008LETTER FROM CHAL MARTIN TO HILLCREST DRIVE RESIDENTS APOLOGIZING FOR THE CLOSURE AND STATING THAT THE PROJECT HAS NOT GONE AS PLANNED

5/1/2008 ROAD WORK COMPLETED AND ROAD REOPENED

Chapter 16.08 SUBDIVISIONS

Sections:

Subchapter I Preliminary Plat Process
16.08.016 Application.
16.08.020 Content of plat.
16.08.022 Distribution of preliminary plats.
16.08.024 Planning commission review.
16.08.026 Council review.
16.08.028 Effect of preliminary plat approval.

Subchapter II Preliminary Plat Consideration
16.08.050 Topographical and surface hazards – Protective improvements.
16.08.052 Dedications required.
16.08.054 Public use and interest.

Subchapter III Review of Final Plat

16.08.064 Filing with city engineer.
16.08.066 Technical standards for final plat.
16.08.068 Certificates required.
16.08.070 Director’s action on final plat.
16.08.072 Submission to council.
16.08.074 Council determination.
16.08.078 Resubmission.

Subchapter IV Reserved Land
16.08.082 Land reserved for public use.
16.08.084 Reserved land to show on plat.
16.08.086 No development on reserved land.
16.08.088 Development if not acquired.

Subchapter V Survey Requirements
16.08.092 Registered land surveyor.
16.08.094 Computations – Notes.
16.08.096 Permanent control monuments.
16.08.098 Property contiguous to water.

Subchapter VI Design and Construction Standards
16.08.100 Design standards.
16.08.102 Improvements.
16.08.106 Exceptions.
Subchapter I Preliminary Plat Process
16.08.016 Application.

A. Official filing of an application for subdivision with the director shall be preceded by a preliminary review of the proposed subdivision by the director and the city engineer.

B. Following the review, the subdivider shall submit an application to the planning director. A subdivider shall submit with the application 15 copies of a preliminary plat showing preliminary plans for streets and other improvements including but not limited to water lines, sewer lines, and drainage. Unless the subdivider requests otherwise, at the time of application the application will be processed simultaneously with applications for rezones of or planned unit development upon the property to be subdivided.

C. Applications shall be processed according to the procedures set forth in chapter 17.68 BMC, Land Use Permit Process, and the additional procedures established in this subchapter.

D. A preliminary plat shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of filing unless the applicant consents to an extension of the time period. If an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time required for environmental review. (Ord. 1220 § 2, 1992).
16.08.020 Content of plat.

A. Every preliminary plat shall consist of one or more maps together with written data including the following:

1. The name of the proposed subdivision;
2. North point and scale; the location of existing property lines: streets, building, if any; watercourses and all general features;
3. The legal description of the land contained within the subdivision;
4. The names and addresses of all persons, firms and corporations holding interest in the lands, including easement rights and interest;
5. The proposed names, locations, widths and other dimensions of proposed streets, alleys, easements, parks, lots, building lines, if any, and all other information necessary to interpret the plat, including the location of existing utility and access easements which are to remain;
6. The location of streets in adjoining plats and the approximate location of adjoining utilities and proposed extensions into the plat;
7. The names of adjoining plats;
8. The name, address and telephone number and seal of the registered land surveyor who made the survey or under whose supervision it was made;
9. The date of the survey;
10. All existing monuments and markers located by the survey;
11. The zoning classification applicable to the land within the subdivision;
12. The conditions of or the limitations on dedications, if any, including slope rights;
13. Contour intervals as required, based upon city datum.

B. Any plat submitted that covers only a part of the subdivider’s tract shall be accompanied by a sketch showing the proposed future street system in the remainder of the tract so that the street layout of the tract may be considered as a whole.

C. The plat shall comply with the technical requirements of Subchapters V and VI. (Ord. 1220 § 2, 1992).

16.08.022 Distribution of preliminary plats.

If the director determines that the subdivider has met all the application requirements for the preliminary plat and that the preliminary plat contains sufficient elements and data to furnish a basis for its approval or disapproval, the director shall affix a file number and date of receipt to the application and promptly forward three copies of the plat to the city engineer. The director shall also forward a copy of the preliminary plat to each of the following:

A. Skagit County Health;
B. Puget Power;
C. Building Official;
D. Water District #1;
E. Chief, Fire Department;
F. Chief of Police; 

who shall review the preliminary plat and, within 30 days, furnish the director with a report as to the effect of the proposed subdivision upon the public health, safety and general welfare, and containing their recommendations for approval or disapproval of the preliminary plat. The reports of the city engineer and PUD District #1 shall also include a recommendation as to the extent and type of improvements to be provided in dedicated areas and a preliminary estimate of the cost of these improvements. (Ord. 1220 § 2, 1992).

16.08.024 Planning commission review.

The planning commission shall: Conduct the public hearing; review the preliminary plat for conformance with the minimum standards of this chapter; recommend approval on condition, disapproval or cause the public hearing to be continued. Planning commission recommendation shall be based on written findings of fact.
The final recommendation of the planning commission shall be forwarded to the city council at its following meeting. The city council shall approve on condition, disapprove, or continue consideration of the preliminary plat; provided, that if the substantial revisions are required the revised preliminary plat must first be subject to another public hearing. City council final action shall be based on written findings of fact. (Ord. 1220 § 2, 1992).
16.08.026 Council review.

Pursuant to chapter 58.17 RCW, upon receipt of the planning commission’s recommendations, the city council shall at its next public meeting set the date for the public meeting at which it may adopt or reject the recommendations. If, after considering the matter at a public meeting, the city council determines that a change is necessary in the planning commission’s recommendation, it shall conduct a public hearing and adopt its own recommendations and approve or disapprove the preliminary plat. The public hearing may be held before a committee constituting a majority of the city council, which shall report its recommendations on the matter to the city council for final action by resolution. The city council’s decision shall clearly state any conditions of approval imposed, including dedications and the construction of protective improvements. If the preliminary plat is approved, the decision shall include a written finding of fact that the proposed subdivision is in conformity with the applicable provisions of this title. (Ord. 1220 § 2, 1992).

16.08.028 Effect of preliminary plat approval.

A. Approval of the preliminary plat shall constitute authorization for the subdivider to proceed with application for necessary permits and to construct the subdivision facilities and improvements as required in the approved preliminary plat and to prepare the final plat. 

B. All work done pursuant to the preliminary plat shall be in strict accordance with the plans, specifications, and permit documents as approved by the city and subject to any conditions imposed by the city.

C. No subdivision requirements which become effective after the approval of a preliminary plat for a subdivision shall apply to such subdivision unless the city council determines that a change in conditions created a serious threat to the public health or safety.

D. A final plat meeting all requirements of this chapter shall be submitted to the city council for approval within seven years of the date of preliminary plat approval; provided, that for those preliminary plat approvals granted after December 31, 2014, such final plat shall be submitted to the city council for approval within five years of the date of preliminary plat approval. 

E. If a final plat meeting the requirements of this title is not submitted to the administrator within the allowable period, and the period of any extension granted, preliminary approval shall be null and void and any new application therefor must be made in accordance with all requirements in effect at the time of reapplication. (Ord. 1770 § 1, 2012; Ord. 1220 § 2, 1992).

Subchapter II Preliminary Plat Consideration

16.08.050 Topographical and surface hazards – Protective improvements.

Land having topographical or subsurface conditions hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards or unless land subject to the hazard is restricted to uses which will not expose persons or property to the hazard. Protective improvements consistent with the standards established in Subchapter VI shall be constructed, prior to final plat approval unless a performance bond acceptable to the city engineer is filed in lieu of the improvements. (Ord. 1220 § 2, 1992).

16.08.052 Dedications required.

A. Every subdivision shall include adequate provision for dedication of drainage ways, streets, alleys, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.

B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the city.

C. Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be provided. Access from a dedicated street shall be required, unless the city engineer determines that the following conditions exist, and permits access by a permanent private easement:
1. Access by easement would not compromise the goals of the Zoning Code to provide for adequate light, air and usable open space between structures; and
2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and
3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and
4. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and
5. There is no potential for extending the street system.

D. If the city council concludes that the public interest will be served the city council may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage ways, streets, alleys, sidewalks, parks and other open space, allow the land to be conveyed to a homeowner’s nonprofit maintenance corporation. In that case the subdivider shall, at or prior to the time of filing a final plat for approval, supply the director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The city attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The city council may impose other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.

E. Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.

F. Dedicated streets and alleys shall meet the requirements of chapter 12.28 BMC. Easements shall meet the design standards of BMC 12.28.150 for access streets, except that the minimum width of an easement shall be 30 feet. (Ord. 1220 § 2, 1992).

16.08.054 Public use and interest.

The city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall consider all relevant facts to determine whether the public interest will be served by the subdivision and dedication, and if it finds that the proposed plat makes appropriate provision for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, fire protection facilities, parks, playgrounds, sites for school and school grounds and that the public use and interest will be served by the platting of subdivision, then it shall be approved. If it finds that the proposed plat does not provide the appropriate elements or that the public use and interest will not be served, then the city council may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The city council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. (Ord. 1220 § 2, 1992).

Subchapter III Review of Final Plat

16.08.064 Filing with city engineer.

A. Time of Filing.

1. A final plat meeting all the requirements of chapter 58.17 RCW and of this chapter, shall be filed with the city engineer within three years of the date of preliminary plat approval. As required by RCW 58.17.140, an applicant who files a written request with the city council at least 30 days before the expiration of the three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period.
2. Within 30 days of the date of filing of the plat, unless the applicant consents to an extension of the time period, final plats shall be approved or disapproved by action of the city council, or returned to the applicant.

B. Submittal Requirements. The following shall be submitted for final plat review:

1. A final plat consistent with the technical requirements of BMC 16.08.066 and Subchapters V and VI;
2. A complete survey of the section or sections in which the plat or replat is located, or as many sections as may be necessary to properly orient the plat within the section or sections;
3. Complete field and computation notes as provided in BMC 16.08.094;
4. A title report from a title company licensed to do business in the state showing the ownership and title of all parties of interest in the subdivision and confirming that title of the lands as described and shown on the final plat is in the name of the owners signing the certificate required in BMC 16.08.066;
5. A guarantee deposit in an amount established by the city engineer sufficient to cover the expense of the city in checking the plat, advertising the ordinance, posting notices. (Ord. 1220 § 2, 1992).

16.08.066 Technical standards for final plat.

A. The final plat shall be prepared upon the best grade of tracing medium and shall be 18 inches by 24 inches in size. The accuracy and completeness of the map shall be the sole responsibility of a registered land surveyor whose seal shall appear on the plat and who shall make field surveys and investigations as necessary to insure that the map is complete and accurate in every detail. The preparation of the tracing shall be by an experienced draftsman and work shall conform to established standards of workmanship. The final plat shall be presented at a scale not smaller than 100 feet to one inch and shall contain and show the following:
1. The name of the subdivision;
2. The lines, widths and names of all streets, avenues, places, parks or other public property, and the location of monuments marking the same;
3. The length and direction of all lot lines, also the angles made by the lot lines with the street lines;
4. The location of control points and monuments together with all ties;
5. The names of all subdivisions immediately adjacent;
6. The scale and north point;
7. The boundary of the tract as covered by the plat showing courses and distance on the plat;
8. The initial point;
9. All protective improvements and restrictions on uses;
10. All dedications and all conveyances to a homeowner’s nonprofit maintenance corporation in lieu of dedication;
11. Any additional information necessary to meet the standards for mapping as set forth in WAC 332-130.

B. In the case of a replat, the lots, blocks, streets, alleys, easements and parks appearing on the original plat shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, and the new plat shall be shown clearly in solid lines to avoid ambiguity.

C. The description, dedication, acknowledgment, certificates of city and county treasurers, certificates of approval by the city engineer, the city comptroller and the director, and recording certificate, shall be lettered with India ink and shall be substantially in the form set forth in the city engineer subdivision standards. (Ord. 1220 § 2, 1992).

16.08.068 Certificates required.

Each and every final plat, or replat, of any property to be filed for record shall:

A. Contain a statement of approval from the city engineer as to the survey date, the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures;

B. Be acknowledged by the person filing the plat before the Skagit County auditor or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of the acknowledgment shall be enclosed or annexed to the plat and recorded with it;

C. Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;

D. Contain a certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owners. If the plat is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as part of the final plat. (Ord. 1220 § 2, 1992).

16.08.070 Director’s action on final plat.

The city engineer shall refer the final plat to the director who shall review the final plat for substantial conformance to the approved preliminary plat, including any requirements or conditions imposed by the city council, and to the standards established by chapter 58.17 RCW and this chapter. The director shall within 10 days furnish the city engineer with a report regarding the conformance of the plat. The city engineer shall review the final plat for the following:

A. That the proposed final plat bears the certificates and statements of approval required by state law and this chapter;

B. That a title insurance report furnished by the subdivider confirms that title of the land and the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;

C. That the facilities and improvements required to be provided by the subdivider have been completed or alternatively, that the subdivider will provide a bond in a form approved by the city attorney and in an amount commensurate with the cost of improvements remaining to be completed, conditioned upon the construction and installation of improvements within a fixed time set by the city engineer, not to exceed one year after final approval of the plat;

D. That the map is technically correct and accurate as certified by the registered land surveyor responsible for the plat. (Ord. 1220 § 2, 1992).

16.08.072 Submission to council.

A. Pursuant to the requirements of RCW 58.17.150, the city engineer shall not modify the recommendations made in the city council approval of the preliminary plat when making recommendations on the final plat without the consent of the subdivider.

B. If the planning director and the city engineer determine that the requirements of this subtitle are met, the city engineer shall certify that the proposed final plat meets the requirements of chapter 58.17 RCW and this chapter, and shall forward a complete copy of the proposed plat to the city council.

C. If either director determines that the requirements of this chapter have not been met, the final plat shall be returned to the applicant for modification, correction or other action as may be required for approval; provided, that the final plat shall be forwarded to the city council together with the determination of the directors, upon written request of the subdivider. (Ord. 1220 § 2, 1992).

16.08.074 Council determination.

A. The city council shall determine:
1. Whether the final plat is in substantial conformance with the approved preliminary plat;
2. Whether the requirements imposed when the preliminary plat was approved have been met;
3. Whether the bond, if required by the city, is sufficient in its terms to assure completion of improvements; and
4. Whether the requirements of state law and the Burlington Municipal Code which were in effect at the time of preliminary plat approval have been satisfied by the subdivider.

B. The city council shall approve by ordinance, or disapprove, the proposed final plat. If the city council approves the plat, it shall inscribe and execute written approval on the face of the plat, and the city engineer shall transmit the original plat to the Skagit County auditor for filing, and forward one copy to the planning director and one copy to the county assessor. At least one copy of the approved final plat shall be retained in the files of the city engineer.

C. As required by RCW 58.17.170, a subdivision shall be governed by the terms of approval of the final plat and any lots created thereunder shall be deemed to meet lot requirements imposed by the Zoning Code for a period of no less than five years. (Ord. 1220 § 2, 1992).

16.08.078 Resubmission.

A. Any final plat disapproved by the city council or returned to the applicant may, at the subdivider’s option, be resubmitted for approval upon satisfaction of the following condition:
1. The subdivider has corrected those deficiencies of the final plat, attachments to it, or improvements, any or all of which caused the final plat to be returned or disapproved;
2. The final plat is resubmitted within the three-year period after the date of approval of the preliminary plat as provided in BMC 16.08.064 or within six months from the date of city council disapproval whichever is later;
3. The final plat was not disapproved by city council with prejudice against resubmission;
4. The subdivider has not accepted any proffered refund of filing fees paid for individual lots.

B. Any subdivision, the final plat of which is disapproved for reasons of nonconformance with the approved preliminary plat and any requirements or conditions attached to it, may be submitted as a preliminary plat, and shall be considered a new and separate application for all intents and purposes. (Ord. 1220 § 2, 1992).

Subchapter IV Reserved Land

16.08.082 Land reserved for public use.
Any public agency with the power to acquire land by condemnation or otherwise for public use may, at any time prior to final approval of a preliminary plat, notify the city council and the subdivider of its intention to acquire some or all of the land in the proposed subdivision for public use, and may request that the city council require its dedication for the use, the public agency may request that the city council require the reservation of the land for a stated period not to exceed the two years following the city council’s approval of the final plat, during which time the agency may acquire the land. If the city council finds that the public health, safety, or general welfare will be served, it may require as a conditional precedent to approval of the final plat that the land or that part of it as the city council deems appropriate be designated on the plat as reserved land and that for the period requested or a shorter period as the city council deems sufficient, the reserved land not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice with the Skagit County auditor of its intention to abandon its right to acquire the reserved land. (Ord. 1220 § 2, 1992).

16.08.084 Reserved land to show on plat.

The subdivider may indicate on the plat that if the reserved land is not acquired for public use, it shall be subdivided and if the subdivider does so the plat shall show the configuration and dimensions of the proposed lots, blocks, streets, easements and like features in the reserved area. (Ord. 1220 § 2, 1992).

16.08.086 No development on reserved land.

No building permit or other development permit shall be issued for improvements on reserved land during the period of reservation unless the public agency has abandoned its rights and except as expressly authorized by the city council at the time the final plat is approved. (Ord. 1220 § 2, 1992).

16.08.088 Development if not acquired.

If the public agency has not acquired or commenced proceedings to acquire the reserved lands within the period set by the city council, the subdivider may proceed to develop land lying within the reserved area in conformity with the final plat. No improvements shall be made upon reserved land which is made available for development until adequate security for development of all required public and protective improvements has been provided. (Ord. 1220 § 2, 1992).

Subchapter V Survey Requirements

16.08.092 Registered land surveyor.

A survey of every proposed subdivision and the preparation of preliminary and final plats of the subdivision shall be prepared by a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying. (Ord. 1220 § 2, 1992).
16.08.094 Computations – Notes.

A. The surveyor shall furnish the city engineer with a full set of survey notes which notes shall clearly show:
1. The ties to each permanent monument;
2. At least three durable, distinctive reference points or monuments;
3. Sufficient data to determine readily the bearing and length of each line;
4. The base meridian referred to.

B. A traverse of the boundaries of the subdivision and all lots and blocks shall close within one foot in 5,000 feet, as required by chapter 332-130 WAC.

C. Primary survey control points shall be referenced to section corners and monuments, and corners of adjoining subdivisions, or portions of subdivisions shall be identified and ties shown. (Ord. 1220 § 2, 1992).

16.08.096 Permanent control monuments.

A. Permanent control monuments shall be established at:
1. All controlling corners on the boundaries of the subdivision;
2. The intersections of centerlines of roads within the subdivisions;
3. The beginning and ends of curves on centerlines;
4. All block corners.

B. Permanent control monuments may be placed on the offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be of a type approved by the city engineer.

C. Permanent control monuments within the streets shall be set after the streets are graded. In the event a final plat is approved before streets are graded, the security deposit to provide for grading shall be sufficient to pay the costs of setting the monuments estimated by the city engineer.

D. Each lot corner shall be marked by a three-quarter-inch galvanized iron pipe, 24 inches in length, or approved equivalent, driven into the ground, set with C cap per the requirements of RCW 58.19.120. (Ord. 1220 § 2, 1992).

16.08.098 Property contiguous to water.

If any land in a subdivision is contiguous to a body of water, a meander line shall be established along the shore at a safe distance back from the ordinary high water mark. Property lying below and beyond the meander line shall be defined by distance along the side property lines extended from the meander line. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be defined by bearings and distances as it exists at the time of the survey. (Ord. 1220 § 2, 1992).

Subchapter VI Design and Construction Standards

16.08.100 Design standards.

The design of all subdivisions shall conform to the standards set forth in this section and chapter 12.28 BMC:

A. Streets and Alleys.

1. All subdivisions shall be served by one or more streets providing adequate ingress and egress to and from the subdivision.
2. Major streets within each subdivision shall conform with the city’s arterial street plan and shall provide for the continuation of major streets which serve property contiguous to the subdivision. Unless warranted by special physical circumstances, streets serving lots on two sides shall be at least 60 feet wide.
3. Street intersections shall be as nearly at right angles as practicable and in no event shall the angle formed be less than 30 degrees.
4. Street networks shall provide ready access for fire and other emergency vehicles and equipment, and routes of escape for inhabitants.
5. Alleys shall be at least 16 feet wide plus such additional width as shall be necessary for an adequate turning radius.

B. Blocks. Blocks shall be designed to assure traffic safety and ease of traffic control and circulation. Blocks shall be identified by letters or numbers.

C. Lots.
1. Every lot shall be provided with convenient vehicular access to a street or to a permanent appurtenant easement which satisfies the requirements of chapter 12.28 BMC except that the minimum width of an easement shall be 30 feet.
2. Lots shall be numbered with reference to blocks.

D. Sidewalks. Design of sidewalk or sidewalk easement in residential subdivisions shall be as required by the city engineer.

E. Drainage – Storm Sewer and Utility Easements.
1. Easements for drainage channels and ways shall be of sufficient width to assure that they may be maintained and improved. Easements for storm sewers shall be provided and shall be of sufficient width and in proper location to permit future installation. Utility easements shall be in accordance with plans and specifications prepared by the appropriate city department.
2. Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure installation and maintenance.
3. Design of storm water systems shall comply with the latest section of the Department of Ecology Stormwater Management Manual.

F. Underground Utility Installation. Subdivisions located adjacent to subdivisions having underground utility lines shall provide underground utility lines including but not limited to those for electricity, telephone, CATV and street lighting. (Ord. 1220 § 2, 1992).

16.08.102 Improvements.

All improvements shall follow the latest edition of the Washington State Department of Transportation Standard Specifications and chapter 12.28 BMC.

A. Streets, Bridges, and Other Construction. All streets, bridges, drains, culverts and other structures and facilities in dedicated areas shall be constructed in accordance with plans and specifications prepared or approved by the city engineer.

B. Street Grading and Surfacing. All dedicated streets shall be graded to their full width with adequate drainage provided prior to acceptance for public use. Grades shall be established by the city engineer and all roadways shall be surfaced according to plans and specifications prepared or approved by the city engineer.

C. Water and Sewers. Water supply facilities adequate to provide potable water from a public supply to each lot within a subdivision shall be installed in conformity with standards adopted by the Skagit County PUD. Each lot shall be provided with a single sanitary sewer system connection approved by the department of public works, unless a shared system is approved by the department of public works. All connections shall conform to applicable city regulations.

D. Service Mains and Fire Hydrants. Prior to the construction of any structure in the subdivision, service mains and fire hydrants shall be installed in accordance with plans and specifications prepared or adopted by the city engineer and in accordance with requirements and standards of the PUD and fire departments. (Ord. 1220 § 2, 1992).

16.08.106 Exceptions.

Exceptions from the design standards and improvement requirements set forth in this subchapter may be authorized by the city council in those instances where it is deemed that hardship, topography or other factual deterrent conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of the regulations and requirements. Approval by the city council of a preliminary plat on which variations and exceptions are clearly indicated shall constitute authorization of the variations and exceptions. (Ord. 1220 § 2, 1992).



City of Burlington Codes